U.S. Bankruptcy Court

Where a plaintiff, having filed an adversary proceeding against two defendant debtors, now moves for summary judgment based on the debtors’ failure to answer requests for admissions, the motion should be denied unless the plaintiff files a motion to amend the complaint within 30 days.

Where defendants have filed a motion to alter or amend judgment, seeking reconsideration of an April 22 order denying their motion to set aside a default judgment, the defendants have presented no convincing case for reconsideration.

Where the town of Whitman has requested a determination that demolition costs it incurred removing an unsafe structure from the debtor’s property are an administrative expense under 11 U.S.C. §503(b)(1)(A), the town is entitled to an administrative expense claim in the amount of $14,046.

Where an attorney for a defendant debtor advanced arguments not warranted by fact or law in connection with the entry of judgment of nondischargeability in favor of the plaintiff in this adversary proceeding, the attorney should be ordered to pay the plaintiff’s counsel fees ($15,306.25), as well as a $9,000 sanction payable to the clerk of court.

Where an adversary proceeding has been initiated to revoke the Chapter 7 debtors’ discharge that had entered in 2010, the proceeding should be dismissed as meritless and the debtors should be awarded their counsel fees.

Where a Chapter 7 trustee has initiated an adversary proceeding to invalidate a creditor’s security interest in the debtor’s physical assets and liquor license, a judgment for the trustee should be entered, as no security interest in the physical assets was granted by the debtor and the debtor did not have sufficient rights in the liquor license to grant an enforceable security interest.